Federal Legislative Issues Update - April 2005
April 2005
Washington News
Members of Congress have been busy with a wide range of issues so far in the 109th Congress. This week the Senate is aiming to approve an $80.7 billion FY 2005 supplemental spending bill, while the House is scheduled to begin debates on an energy bill. Progress on many issues in March and April have been slowed as Congress came off a 2-week recess and a short work week due to the Pope's funeral.
Senate leadership have also had to deal with many questions concerning reports that Senate Majority Leader Bill Frist (R-TN) might attempt to change Senate rules that allow any Senator to slow down judicial appointments-and legislation-by "extended debate," also known as "filibusters." His so-called "nuclear option" would allow him to bypass existing rules and allow confirmation of judges by a simple 51-vote margin, as opposed to the current 60 votes needed, denying the minority any right to filibuster. Many concerns arise as to whether some judges who oppose social programs like Medicaid and Social Security could get appointed without any input from the minority.
Budget and Medicaid Highlights
The House and Senate approved different versions of the FY 2006 budget on March 17. A conference committee of House and Senate members will develop a compromise between the two versions in the coming weeks. The House bill (H. Con. Res. 95) directs the House Energy and Commerce Committee and the House Ways and Means Committee to find savings of $20 billion and $18.7 billion, respectively, over 5 years. The bill does not specify where the cuts must come from, but it must come from programs under the committees' jurisdiction. Medicare, Medicaid, and outpatient services are all areas where the committees may choose to find savings.
Representative Heather Wilson (R-NM) was joined by 43 of her House Republican colleagues in sending an April 13 letter to Budget Committee Chairman Jim Nussle (R-IA) opposing the inclusion of Medicaid cuts and reconciliation instructions in the final FY 2006 budget agreement. The letter expressed concerns that the proposed cuts would "negatively impact people who depend on the program and the providers who deliver health care for them." The letter also supports the establishment of a Bipartisan Commission on Medicaid, as outlined in the Senate-passed budget resolution.
The Senate Budget Committee approved a budget resolution (S. Con. Res. 18) that directs the Finance Committee, which has jurisdiction over the Medicaid program, to find $15 billion in savings over 5 years. However, Senators Gordon Smith (R-OR) and Jeff Bingaman (D-NM) offered an amendment during full Senate consideration of the budget that removes the reconciliation instructions that direct the Finance committee to find $15 billion in savings and instead creates a national commission to study Medicaid. The Smith-Bingaman amendment passed by a vote of 52-48. The American Occupational Therapy Association (AOTA) has been working with a number of coalitions during the budget process in order to support the 53 million Americans who rely on Medicaid for their health care.
The House plans to announce its conferees in the coming weeks. Senate conferees include Senators Judd Gregg (R-NH), Charles Grassley (R-IA), Wayne Allard (R-CO), Kent Conrad (D-ND), Paul Sarbanes (D-MD), and Patty Murray (D-WA).
It is important to contact the soon to be named House conferees and the previously listed Senate conferees to ensure the inclusion of the Smith-Bingaman language in the final Budget Resolution. Use the Legislative Action Center to contact your representatives by going to http://capwiz.com/aota/home/.
Health Professions Funding Letter - Title VII
In an April 8 letter cosponsored by Representatives Charlie Norwood (R-GA) and Diana DeGette (D-CO), 103 Members of Congress urged House appropriators to restore the Title VII health professions' funding that was cut in the Administration's proposed FY 2006 budget. The letter requests restoration to at least the FY 2005 level of $300 million to Title VII. The letter notes that the Title VII programs are the only federal programs designed to provide interdisciplinary training in underserved areas of the country and increase minority representation in the health care workforce. AOTA will continue to work with the Health Professionals and Nursing Education Coalition (HPNEC) to ensure appropriate funding for the Title VII programs that benefit occupational therapy.
Therapy Cap Update
The Medicare Access to Rehabilitation Services Act of 2005 (S. 438/H.R. 916) would repeal the $1,500 annual caps on Medicare Part B outpatient therapy for occupational therapy alone and physical therapy and speech-language pathology combined. A 2-year moratorium was included in the Medicare Modernization Act of 2003 (P.L. 108-173), however, that moratorium will expire on December 31, 2005. AOTA and other coalition members, such as the National Association for the Support of Long Term Living, Washington Rehabilitation Coalition, and the TriAlliance are all working to address this issue this year. Use the Legislative Action Center to contact your representatives. It is important to garner as much support and as many cosponsors this year as possible.
IDEA Regulations
The U.S. Department of Education has recently announced a second round of public input sessions on the proposed regulations for the amended Individuals with Disabilities Education Act (IDEA). The public meetings are scheduled for June and early July, and will occur during the public comment period for the proposed rules that are expected to be published in the Federal Register next month.
No Child Left Behind Act
In other education news, Education Secretary Margaret Spellings recently announced a new approach to implementation of the No Child Left Behind Act of 2001 (NCLB), President Bush's hallmark education reform legislation. In making the announcement, Mrs. Spellings said that states will have additional alternatives and more flexibility if they can demonstrate they are raising student achievement and closing the achievement gap. The new policy specifically targets the assessment of certain students with disabilities who may need more time and instruction to make substantial progress toward grade-level achievement. Specifically, states will be allowed to develop modified achievement standards and alternate assessments based on those standards for students with disabilities who have so-called "persistent academic disabilities," and to have up to 2% of these scores to count toward adequate yearly progress (AYP) under NCLB. This would be in addition to the 1% of students with significant cognitive disabilities tested on alternate assessments under a December 2003 rule. The new policy will be published next month in the Federal Register as a notice of proposed rule making, and will be subject to public comment.
AOTA, parents, and disability advocates are still analyzing the new policy change. It is not clear at this time exactly what the implications of this change will be for students with disabilities, the pending start of the amended IDEA, or for occupational therapy. AOTA will provide more information on the IDEA Information Center as it becomes available.
For more information on the new NCLB policy, see a Department of Education press release.
National Pain Care Policy Act of 2005 Introduced
Representative Mike Rogers (R-MI) introduced the National Pain Care Policy Act of 2005 (H.R. 1020) on March 1. The bill would provide important federal recognition of pain as a priority health problem in the United States. The legislation would ultimately declare adequate pain care research, education, and treatment as national public health priorities. The legislation also directs the President to convene a conference to be known as the White House Conference on Pain Care. It also asks for the establishment within the National Institutes of Health, of a center to be known as the National Center for Pain and Palliative Care Research. Research data would be collected from a number of schools, colleges, and universities, including schools of occupational therapy. The bill will also establish an Advisory Board to be composed of a broad range of medical, health, and scientific disciplines involved in research and treatment related to the categories of pain and palliative care, including occupational therapy.
National Transition Conference - Call for Papers
The first National Transition Conference sponsored by the U.S. Department of Education and Council for State Administrators of Vocational Rehabilitation (CSAVR) have issued a call for papers. The conference will be held June 16-17 in Washington, DC. They want to feature programs and strategies that will improve the quality of services being provided to transitioning youth and the post-school outcomes they achieve. The deadline for proposals is April 29.
It is important that occupational therapy practitioners participate in this conference, as presenters and as attendees. Please share with your occupational therapy networks and encourage their participation. Contact Melodie Johnson at 202-245-7392 or melodie.johnson@ed.gov if you need additional information.
Federal and Public Affairs Sessions at AOTA Conference 2005 - Long Beach
The Federal and Public Affairs Departments will have a number of sessions at AOTA's Annual Conference and Expo 2005 in Long Beach, California. Federal Affairs sessions include: Legislative Developments in Emerging Practice Areas on Thursday, May 12 from 12:00 p.m.-1:30 p.m.; Medicare on the Hill: How Legislation Will Affect Practice on Friday, May 13 from 3:30 p.m.-5:00 p.m.; Occupational Therapy Services Under IDEA: The Parents' Perspective on Friday, May 13 from 3:30 p.m.-5:00 p.m.; and AOTA Reauthorization of IDEA: Status Report on Saturday, May 14 from 8:00 a.m.-9:30 a.m.
The Public Affairs Department will have two sessions; We've Got You Covered: Reporters' Perspective on Today's Medical News on Thursday, May 12 from 2:30 p.m.-4:00 p.m. and Working With The Media in Your Community on Friday, May 13 from 9:30 a.m.-11:00 a.m.
These sessions are important to learn about current legislative developments that affect your profession.
AOTPAC
The American Occupational Therapy Political Action Committee (AOTPAC) Board of Directors will meet in conjunction with the AOTA Annual Conference in Long Beach, California, and conduct education and fund-raising activities throughout the conference. They will be speaking with the leadership groups of the profession about the importance of political involvement: Representative Assembly, state presidents, student delegates and occupational therapy and occupational therapy assistant program directors. A booth will be hosted in the conference registration area where board members and staff will be available to speak with you and be available to accept contributions. A special fund-raising event will be held on Saturday, May 14 from 8:00 p.m.-11:00 p.m. at the Hyatt. AOTPAC has issued a "Casting Call" for you to attend this Hollywood event! Come dressed as your favorite star for a chance to win a special door prize. There will be music and dancing, a cash bar, and snacks. Tickets will be sold at the AOTPAC booth and at the door of the event. If you will be in Long Beach, CA, you won't want to miss this premiere party, and, if you make a $100 contribution you'll be given the star treatment in our "VIP" lounge!
Do you have a grassroots advocacy story to tell? Do you know or have a connection to your Senators or Representatives? Contact AOTA's Federal Affairs Department and share your experience! E-mail: fad@aota.org, Mail: PO Box 31220, Bethesda, MD20824-1220 , Telephone: 800-729-2682, or Fax: 301-652-7711.
04/20/05